A business cannot deduct pay from an employee for lost or stolen property, damaged property, flawed or faulty workmanship, except:
- The employee has authorized the employer to do so in writing (The employee’s written permission must be written immediately the occurrence of the problem; a blanket consent form will not work). These blanket consent form usually contains language about how the employer has discussed the problem with the patient and that the patient has had an opportunity to ask questions. The form may protect the employer from accusations of battery- these forms are worthless.
- the employer and a representative chosen by the employee such as a union may determine the flawed or faulty workmanship, loss, theft or damage is due to the employee’s forgetfulness, negligence, or willful and deliberate conduct, or
- the employee is found guilty or held liable in a court of competent jurisdiction by reason of that negligence, forgetfulness, or willful and intended behavior.
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